Renold S. Marbaniang vs State Of Meghalaya & 6 Ors

The petitioner is before this Court assailing the impugned actions of the respondents District Council in causing closure of his shop situated at Nongmynsong Bazar, East Khasi Hills. The case of the petitioner is that even though he is a tribal and there is no requirement for him to possess or obtain a trading license, the respondent District Council in an arbitrary and illegal manner without giving any opportunity of hearing had closed down the shop on the ground that it is an establishment owned by a non-tribal, without a valid license which has compelled him to approach this Court for a direction to allow him to run his shop peacefully.

Mr. K. Paul, learned counsel for the petitioner submits that the father of the petitioner (L) H. Marbaniang had taken an NOC from the Dorbar Shnong of Nongmynsong to open a Hardware shop at Nongmysong, and to this effect an Agreement had been executed between his late father and the Village Dorbar (Annexure-3.) He submits that after his father expired, the said establishment is now owned and looked after by the petitioner. The learned counsel for the petitioner submits that he was taken aback therefore when his shop was forcefully closed by the officials of respondents Nos. 2 to 5 on 12.06.2019. Learned counsel also produced two photographs to substantiate his submissions that the shop has been forcibly closed down. He then submits that the entire exercise conducted by the respondents District Council, without ascertaining the facts as they pertain, and without due process of law being followed, is totally illegal and without jurisdiction and deserves to be interfered with by this court.

Mr. V.G.K. Kynta, learned senior counsel assisted by Ms. M. Kynta, learned counsel for the respondents No. 2 to 5 submits that there is no evidence to show that the shop has been sealed by the respondents, nor does the shop figure in the record of list of shops of that area that had been sealed by the respondent District Council on 12.06.2019. He further submits that for every such action undertaken by the respondents, a set procedure is followed, and the same is not conducted in a haphazard manner. The learned senior counsel in the records produced before this Court has pointed to a clarification issued by the Superintendent Enforcement with regard to the shop in question which is reproduced herein below:-

"CLARIFICATION ON THE WRIT PETITION OF SHRI. RENOLD S. MARBANIANG.

Licensing Officer i/c East Khasi Hills District order dated 09.09.2019 seeking clarification, whether, the writ Petitioner Shri. Renold S. Marbaniang is being affected by the closure of Non Tribal Shops at Nongmynsong?

In view of the above and having perused all the records available vide file No. DC. ETL/436/2019 pertaining to the closure and seizure of business establishment and Shops at Nongmynsong on the 12th June 2019, no record is found in connection with the Closure of the Shop belonging to the writ Petitioner, Shri. Renold. S. Marbaniang.

To conclude, it may be mentioned that since Shri. Renold. S. Marbaniang is a local Khasi Tribal, therefore closing and seizing of his Shop does not arise.

Superintendent Enforcement Khasi Hills Autonomous District Council, Shillong."

The learned senior counsel also submits that in normal course, there is no question of forcible closure of any shop owned by tribal and contends that a further fact which is to be ascertained in the present writ petition is to whether any shop exists in the name of the petitioner at all which has been sealed. He concludes his submission by submitting there is no cause of action or any relief admissible to the petitioner as prayed on the facts as pleaded and that the writ petition should be dismissed.

I have heard learned counsels for the parties, considered their submissions and examined the materials on record including the record as produced by the learned senior counsel for the respondents No. 2 to 5.

Forcible closure of any shop for violation of the provisions of The United Khasi-Jaintia Hills District (Trading by Non-Tribals) Regulation, 1954 will not arise in case a shop is owned by a tribal. In the instant case, the point as projected is that the shop originally belonged to the father of the petitioner, and is not an establishment owned by a non-tribal. The other aspect of the matter is to whether there was any forced closure, and also whether any shop exists at all in the name of the petitioner. This Court will not go into the disputed questions of facts as to whether the shop exists or not in the name of the petitioner, or its exact location, but will only examine the aspect as alleged by the petitioner that the shop has been forcibly closed in spite of the same belonging to a local tribal.

From the submissions of learned senior counsel for the respondent District Council, it transpires that the shop is not reflected in their records as a shop that has been closed and sealed for violation of the Act. Further clarification as to whether the shop belongs to a tribal or not and also its exact location, also does not arise in view of the fact that though by order dated 11.09.2019, this Court has specifically directed the respondents No. 6 & 7 (Dorbar and Rangbah Shnong Nongmynsong) to appear to present in Court on the next date by engaging a counsel, they have not done so, in spite of the Secretary of the Nongmynsong Durbar, being present in court on 11.09.2019 when the order was passed. Though notice has been served, the respondents 6 and 7 who could have shed some light have refused to take part in the proceedings.

In view of the facts and circumstances of the case and the clarification made by the learned senior counsel for the respondents which is also substantiated by the records that there has been no forceful closure of the petitioners' shop, the instant petition does not survive for consideration and is disposed of with a direction that the shop so mentioned, if it does exist in the petitioners' name, there will be no hindrance for the petitioner to open and operate the same.

Disposed of accordingly.